Consultation on work related injuries, consultation on work related injuries

Apply to the local labor bureau for a work-related injury certificate

It needs to be handled according to the work-related injury process.

Employees need to be dealt with according to the work-related injury process:

1. Timely delivery to the hospital**.

2. To apply for recognition of work-related injury, the unit or individual shall apply to the local labor department for recognition of work-related injury.

3. Apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee for work-related injury appraisal after the employee has completed or reached a certain medical treatment period to determine the disability level.

4. For treatment review, employees or units should apply for treatment review from the social security center according to the hospital's ** invoice, work-related injury certificate, labor ability appraisal, etc., and issue work-related injury benefits, including medical expenses and disability subsidies.

5. If the employee needs to terminate the labor relationship, the disabled employee can enjoy the treatment of one-time employment subsidy and one-time medical subsidy.

In accordance with the Regulations on Work-related Injury Insurance

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Why sue? The first condition for the recognition of work-related injuries is that it is a formal legal person enterprise and a unit that pays work-related injury insurance in accordance with national regulations. If it is not such a unit, it cannot be determined as a work-related injury; Yes, such a unit will not have the problem of going unnoticed in the event of an accident.

Your friend's employer is very likely to have paid work-related injury insurance in accordance with national regulations, so it cannot be treated as work-related injury. The specific treatment method is in accordance with the national personal injury compensation regulations.

Second, why wait until the second surgery is done before suering? The lawsuit will not affect the second operation, and if the time limit is exceeded, it will not be admissible, and the compensation for all the processes will be uncertain.

The work-related injury should be recognized when it occurs, but this determination is usually reported by the unit; If it is carried out by an individual, it is necessary to apply to the Labor Protection Department (Section) of the local labor bureau; The degree of injury can only be confirmed after an appraisal process, which is actually a work-related injury disability appraisal. This process is usually carried out after healing, and the sequelae are addressed. The specific unit is the work-related injury and disability appraisal form linked to the Labor Bureau.

Summary. Friends are honored to serve you to answer the consultation of work-related injury problems, about work-related injury compensation disputes, if the negotiation fails, go to the company's local human resources and social security bureau to complain, or directly to the company's local labor dispute arbitration commission to apply for arbitration. 2. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

3. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation if they are unwilling to mediate, the mediation fails, or they do not perform after reaching a mediation agreement, and they may apply to the labor dispute arbitration commission for arbitration and are dissatisfied with the arbitration award, except as otherwise provided in this Law, they may file a lawsuit with the people's court.

Friends are honored to serve you to answer the consultation of work-related injury problems, about work-related injury compensation disputes, if the negotiation fails, go to the company's local human resources and social security bureau to complain, or directly to the company's local labor dispute arbitration commission to apply for arbitration. 2. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law. 3. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation if they are unwilling to mediate, the mediation fails, or if the bank does not perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration and are dissatisfied with the arbitration award, except as otherwise provided in this Law, they may file a lawsuit in the people's court.

The obligation to compensate does not bear the liability for work-related injuries of employees. Article 38 of the Social Insurance Law Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the State: (1) medical expenses and expenses for the treatment of work-related injuries in disorder; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by employees with grade 5 and 6 disabilities; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Legal analysis: work-related injury appraisal is the act of appraisal of work-related injuries by the labor ability appraisal committee at or above the districted city level on the basis of the work-related injury appraisal of the employee who applies for work-related injury appraisal after the completion of his or her medical treatment or the expiration of the medical treatment period.

Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from occupational banquet chain disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work》 Article 8 To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted: the original and photocopy of the Decision on Determination of Work-related Injury; Valid diagnosis certificates, examination and test reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations on medical record management of medical institutions; The original and photocopy of the worker's resident ID card or social security card and other valid identification documents; Other materials specified by the Labor Ability Appraisal Committee.

Legal analysis: Based on the results of the appraisal, negotiate a claim with the employer based on your monthly salary. If the negotiation with the employer fails, you can apply to the Labor Bureau for labor arbitration.

The specific compensation items may include medical expenses, pay for work stoppage, food allowance, transportation expenses, nutrition expenses, one-time disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc., if necessary, you can entrust a lawyer to help you deal with it.

Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace where the work is carried out;

(2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Suffering such accidental injuries as a result of violence or other such injuries during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Questions about work-related injuries:1To declare a work injury, there are procedures involved:

Confirmation of labor relations, identification of work-related injuries, determination of disability level, claims for work-related injury benefits, and issues to be paid attention to in enforcement; 2.If you have signed a labor contract, if the company has purchased social insurance, the company can report the work-related injury to the Social Security Bureau, or you can directly report the work-related injury with the labor contract and other materials within one year; 3.Keep the original medical records, relevant bills, etc.; 4.

Note time limit: If the employer fails to submit an application for work-related injury recognition within the prescribed time limit, the injured employee, his or her immediate family members, or trade union organizations may directly submit an application for work-related injury recognition to the labor and social security administrative department of the coordinating area within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. Generally speaking, the employer shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area.

The following judgment materials shall be submitted to submit an application for work-related injury determination: (1) an application form for work-related injury determination; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate); 5.If the employer does not purchase social insurance, the employee can complain to the labor inspection brigade or apply for labor arbitration with relevant evidence, and request the company to be responsible for the work-related injury treatment of the injured employee, and the specific compensation items depend on your disability level, usually including medical expenses, ** expenses, wages during the period of suspension of work, nursing expenses, food subsidies, transportation and accommodation expenses, one-time disability subsidies, one-time medical subsidies for work-related injuries, one-time disability employment subsidies, disability allowances, etc.; 6.

Regarding the wage determination standard, if the relevant wage amount is not determined with the company, the average wage standard of the same type of work can be compared with the company, or the industry standard can be determined; 7.If the compensation for personal injury is directly taken, the lawsuit shall be filed within one year.

Summary. Article 14 of the Regulations on Work-related Injury Insurance can be recognized as work-related injuries: "(1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) During working hours and in the workplace, due to the performance of work duties, such as accidental injuries; (4) Suffering from occupational diseases; (5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; (6) Injured in a motor vehicle accident on the way to and from work (Note:

This removes the "Trial Measures" in the "Trial Measures" in the time and route of commuting and the main responsibility of the accident that is not the main responsibility of the person); (7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations. ”

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Article 14 of the Regulations on Work-related Injury Insurance can be recognized as work-related injuries: "(1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) During working hours and in the workplace, due to the performance of work duties, such as accidental injuries; (4) Suffering from occupational diseases; (5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; (6) Being injured in a motor vehicle accident on the way to and from work (Note: The "Trial Measures" has removed the accident that is not the main responsibility of the person on the specified time and necessary route for commuting to and from work); (7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations. ”